Florida/Georgia Personal Injury & Workers Compensation

...Cook to pay $100 to the Hillsborough County Drug Fund "pursuant to Florida Statutes 893.165." Section 893.165, Florida Statutes (2003), provides for the establishment of county alcohol and drug abuse trust funds "for the purpose of receiving the assessments collected pursuant to s. 938.23." Section 938.23, Florida Statutes (2003), permits the imposition of such an assessment on a defendant for a violation of chapter 893, Florida Statutes (2003), "pursuant to the requirements of s....

...ese factors prior to imposing this discretionary cost and therefore the cost must be stricken from the sentence. See Gunn v. State, 818 So.2d 681 (Fla. 4th DCA 2002). The trial court may again impose this cost if it complies with sections 938.21 and 938.23....

...Paul Allen Davis appeals the Judgment and Sentence entered after he was found guilty of trafficking in 14 grams or more of methamphetamine. Davis argues that the Judgment and Sentence improperly imposes “Drug Case Fines” of $350 pursuant to section 938.23, Florida Statutes (2021).1 We agree.2 “In addition to any fine imposed . . . under chapter 893 . . . the court shall be authorized, pursuant to the requirements of s. 938.21, to impose an additional assessment in an amount up to the amount of the fine authorized for the offense.” § 938.23(1), Fla....

...thereby from being rehabilitated or from making restitution.” § 938.21, Fla. Stat. (2021) (emphasis added). Here, the trial court did not make the finding required by section 938.21 that was necessary to impose an additional assessment pursuant to section 938.23. Therefore, the trial court erred by ordering Davis to pay “Drug Case Fines” of $350. 1 This was in addition to the mandatory $50,000 trafficking fine, and mandatory $2,500 surcharge thereon, pursuant to sect...

fees for the county drug abuse trust fund. See § 938.23, Fla. Stat. (2019); Desrosiers v. State, 286 So

...That statute authorizes the establishment of county drug programs and trust funds to hold funds for the program. § 893.165(1), Fla. Stat. (2019). “In drug cases, the trial court may assess fees for the county drug abuse trust fund. Desrosiers, 286 So. 3d at 300 (citing § 938.23, Fla....

...Richards, as discussed above, we deny this request and we strike the court costs in excess of $225. (4) Drug Trust Fund assessment of $125. “In drug cases, the trial court may assess fees for the county drug abuse trust fund. Desrosiers, 286 So. 3d at 300 (citing § 938.23, Fla....

...Crim. P. 3.800(b)(1)(B). 2 findings. See id.; accord Hogle v. State, 250 So. 3d 178, 181 (Fla. 1st DCA 2018). In drug cases, the trial court may assess fees for the county drug abuse trust fund. See § 938.23, Fla....

...on behalf of the investigating agency pursuant to section 938.27(1), Florida Statutes (2018), $288.33 in costs of prosecution requested by the state pursuant to the same statute, and $450 in costs imposed for the Indian River County Alcohol and Drug Abuse Trust Fund pursuant to section 938.23(1), Florida Statutes (2018)....